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  1. #1
    Join Date
    May 2013
    Posts
    25

    Default Unusual Requirements for Subletting

    My question involves landlord-tenant law in the State of: CA

    Before signing a year-long lease agreement on my current home, I had come to an oral agreement with the landlord that he will let me sublet 2 other bedrooms in the house.
    The landlord's only condition at the time was that he get to review the new sub-tenant's credit report/history, so I happily agreed.

    A few months in and now am looking to find some sub-tenants, but my landlord is saying that the owner would not want us to sublet but is willing to do the following with conditions:
    Create a separate lease agreement between the new tenants and the landlord, while having me be responsible for providing the landlord the full security deposit (and the new tenants would pay their portion to me as they move in and out). I would also be responsible for the condition of the home in the end (since I would be there the longest).

    I am just wondering if there is anything I need to be concerned about with these set of conditions? I will be drafting up a rental agreement for all new tenants.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Unusual Requirements for Subletting

    If the lease ends up being between the landlord and the roommate(s) you bring in, it's not actually a sublease -- and if the landlord wants to run things that way I would be reluctant to handle money except (perhaps) if officially designated as the landlord's agent -- you collect the security deposit to convey to the landlord, but not as some sort of side agreement whereby you are collecting and holding a "security deposit" while not actually serving in the role of landlord.

  3. #3
    Join Date
    Mar 2013
    Posts
    16,791

    Default Re: Unusual Requirements for Subletting

    You have a written lease that outlines your entire agreement with the landlord. Your oral agreement doesn't count if it disagrees with the lease.

    What does the lease say about subletting, or roommates, or occupancy limit.

  4. #4
    Join Date
    May 2013
    Posts
    25

    Default Re: Unusual Requirements for Subletting

    @Knowitall,
    What are some potential issues that might arise?

    What entails being officially designated as the "landlord's agent"?

    And is everything okay from a legal/illegal view?

    @adjusterjack
    The written lease is relatively standard. Says cannot sublet without permission/approval.

    What the written lease says does not matter if what we are discussing right now is that they are willing to do what they are now saying they are willing to do, as outlined in my first post, right? I mean, even if it outright said no subletting, couldn't the landlord re-write the lease to allow this?

  5. #5
    Join Date
    Mar 2013
    Posts
    16,791

    Default Re: Unusual Requirements for Subletting

    Quote Quoting JohanAndrew
    View Post
    Subletting of commercial property is a complicated area. If you rent a commercial property, and are about to sublet it or assign the lease, or if you are a tenant of a subletted premises, it’s possible that you are not fully aware of all your rights and all the problems that could arise. Great tips!
    Don't you just love people who jump into old posts with gibberish that has nothing to do with the old post?

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